Jaynes v. Southeast Health Hospital et al

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 3] is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed forthwith. Signed by District Judge Audrey G. Fleissig on 7/25/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
BROOKE BEATRICE JAYNES,
Plaintiff,
v.
SOUTHEAST HEALTH HOSPITAL, et al.,
Defendants.

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No. 1:17-CV-59 ACL

MEMORANDUM AND ORDER
Plaintiff seeks leave to proceed in forma pauperis in this civil action under state law for
medical malpractice. The motion is granted. Additionally, this action is dismissed for lack of
jurisdiction.
The Complaint
On April 15, 2015, plaintiff went to Southeast Health Hospital for a routine ultrasound of
her unborn fetus. Her doctor told her that she needed an emergency cesarean section. He
wanted to administer a spinal block because she had recently eaten, making full anesthesia
dangerous. Defendant Kevin Callahan, Certified Registered Nurse Anesthetist, unsuccessfully
attempted to administer the spinal block more than seven times. Plaintiff says he did not put her
in the proper position to perform the procedure, and therefore, he was negligent. She claims to
have suffered unnecessary pain and suffering. There are no claims pertaining to the other
defendants.
Discussion
“Federal courts are courts of limited jurisdiction. The requirement that jurisdiction be
established as a threshold matter springs from the nature and limits of the judicial power of the

United States and is inflexible and without exception.” Kessler v. Nat’l Enterprises, Inc., 347
F.3d 1076, 1081 (8th Cir. 2003) (quotation marks omitted); see Kuhl v. Hampton, 451 F.2d 340,
342 (8th Cir. 1971) (federal courts “were not established to mediate any and all types of
complaints and alleged wrongs.”).
There are two avenues to jurisdiction in federal court. Under 28 U.S.C. § 1331, the Court
has “jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United
States.” And under § 1332, the Court has jurisdiction over cases involving citizens of different
states where the matter in controversy exceeds $75,000. Neither of these conditions are met in
this case.
Medical malpractice is a state cause of action and does not state a claim under the
Constitution or federal law. And diversity jurisdiction does not exist because plaintiff and
defendants are not citizens of different states. As a result, this action must be dismissed under
Rule 12(h)(3) of the Federal Rules of Civil Procedure.
Although this Court does not have the authority to provide plaintiff with relief, the Court
expresses no opinion about whether plaintiff may file her action in state court.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF
No. 3] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed forthwith.
Dated this 25th day of July, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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